TOWN OF YATES
REGULAR BOARD MEETING
FEBRUARY 9,2012
The Meetings was called to Order by the Supervisor at 7:00
P.M. at the Town Hall 8 South Main Street, Lyndonville NY
THOSE OFFICERS PRESENT: John Belson-Supervisor
Rick Harmer-Councilman
Wes Bradley-Councilman
Bradley Bentley-Councilman
Steve Freeman-Councilman
Brenda Donald-Town Clerk
Roger Wolfe-Superintendent Highway/Water
Daniel Wolfe-Code/Zoning Officer
Andrew Meier-Town Attorney
OTHERS Larry Wolfe-Resident
Paul Lauricella-Resident
Sandra Lauricella- Resident
Lynne
Johnson- Legislature
RESOLUTION NO.
29-2/12
RESOLUTION TO
ACCEPT THE MINUTES OF THE JANUARY 12,2012 MEETING
RESOLVED, to accept the minutes of the
Janaury 12,2012 as
presented to each Board Member.
Seconded by Councilman Harmer
Adopted. 4 ayes 0 nays 1 abstain (Bentley)
Privilege of the Floor
Resident Paul Lauricella questioned the purchase of the software for a price of $14,000 he stated he had done some research on this company and saw software at lower prices.
Lynne Johnson – Our present software is no longer available the price includes installation training, and updates for the new program
RESOLUTION
NO.30-2/12
RESOLUTION OPPOSING
THE POWER NY ACT OF 2011
WHEREAS, New York State recently enacted legislation known as the Power NY Act of 2011; and
WHEREAS, said Legislation amended the public service law by adding a new article 10, which establishes a New York State Board of Electrical Generation Siting and the Environment; and
WHEREAS, said Board will have the authority to permit the siting of electrical generating facilities in the State which have a nameplate generating capacity of twenty-five thousand kilowatts or more; and
WHEREAS, previously, while various state agencies had regulatory oversight for such facilities, as a home rule state, New York’s local municipalities, by virtue of decisions made by locally-elected representatives, could ultimately decide whether such development was in their residents’ best interests; and
WHEREAS, the Power NY Act of 2011 removes said decision making from local municipalities, and puts that authority into the hands of a bureaucratic State board which will have nominal representation from affected communities, and even that representation cannot be from elected representatives of those communities; and
WHEREAS, the new Board will have the authority to ignore “any local ordinance law…or any local standard or requirement if it finds that such is unreasonably burdensome…on ratepayers whether located inside or outside of such municipality”; and
WHEREAS, the new law further states that “no municipality may require any approval, consent, permit certificate or other condition for the construction of operation” of such facility; and
WHEREAS, while the law provides for the set-aside of funds for pre-hearing research on behalf of the affected communities, said funds are controlled by the Board and will be allocated as it sees fit; and
WHEREAS, the large majority of the Board’s membership will have no connection to the affected communities and will not be directly affected by their decisions; and
WHEREAS, while municipalities may be a party to the hearings, so may any individual within 5 miles of the proposed facility’s site, and therefore the municipality itself, which purpose, by law, is to represent the residents who elect its officials, is diminished to the level of each individual within the 5 mile radius, whether or not he/she lives in the affected municipality; and
WHEREAS, said law follows a disturbing trend in New York State to remove powers from local jurisdictions and therefore from the affected electorate and transfer such power to a faceless bureaucracy which has no constituency; now, therefore be it
RESOLVED, that the Town of Yates opposes and expresses its deep disappointment and concern over the establishment of said siting Board and of the enactment of the Power NY Act of 2011; and be it
FURTHER RESOLVED, that certified copies of this resolution be sent by the Clerk of the Town of Yates to Governor Cuomo, Senator George Maziarz, Assemblyman Steve Hawley and NYSAC, InterCounty of Western New York
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Bentley
Adopted 5 ayes; 0 nays
RESOLUTION NO.31-2/12
RESOLUTION TO RENEW CEMETERY MOWING CONTRACT
WHEREAS, Lee Boyce Sr. has shown interest in renewing his contract for the mowing of the Town Park and cemeteries,
BE IT RESOLVED this contract shall be renewed with and increase of pay of $500.00
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Bradley
Adopted 5 ayes; 0 nays
The Highway Superintendent has requested that bids be published for a new excavator. The one we have now is not going to be manufactured anymore and parts will be hard to acquire
RESOLUTION NO.32-2/12
RESOLUTION TO ALLOW HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS ON A NEW EXCAVATOR
WHEREAS the superintendent has been granted permission to advertise for bids, notices will be published in the official newspaper of the Town of Yates for the sale of our excavator and the purchase of a new excavator. Be it further
RESOLVED, Bids will be opened on February 24 at 11:00 A.M.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Harmer
Adopted 5 ayes; 0 nays
RESOLUTION NO.33-2/12
RESOLUTION TO HOLD A SPECIAL MEETING TO AWARD BIDS FOR EXCAVATOR
WHEREAS, Prices on excavators are due to increase on March 1, 2012 be it
RESOLVED that a special meeting be held on Monday February 27, at 4:00 P.M. to awards bids for the excavator.
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Bradley
Adopted 5 ayes; 0 nays
RESOLUTION NO.34-2/12
RESOLUTION TO HIRE MUNICIPAL SOLUTIONS AS A CONSULTANT FOR WATER
WHEREAS, Municipal Solutions has contacted the Supervisor regarding reviewing of Water District #4
BE IT RESOLVED the Supervisor is hereby authorized to sign an agreement with Municipal Solutions Inc. to review water district # 4
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Harmer
Adopted 5 ayes; 0 nays
RESOLUTION NO.
35-2/12
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account-General 20,124.67
B-Account-General 790.27
DA-Account 25,985.54
DB-Account 913.01
Water 4 Account 2,418.29
Fire Account 40,950.00$
TOTAL 91626.78
Seconded by Councilman Bentley
Adopted.5 ayes 0 nays; )
Adjournment
Moved by Councilman Harmer, Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:15 P.M.
Seconded by Councilman Bradley
Vote 5 ayes; 0 nays;
Town of Yates
Brenda B. Donald
Town Clerk